This Note maintains that the Supreme Court should resolve the circuit split by affirming the Hildebrand court’s decision. Part I of this Note discusses the background of the ADEA and § 1983, including each legislation’s purpose, legislative history, and provisions. Part I concludes with a discussion of the doctrine of implied preclusion. Part II presents the circuit split by discussing the way the courts have analyzed this issue prior to Fitzgerald and how subsequent courts have decided the issue in light of Fitzgerald. Part III asserts that the ADEA precludes equal protection claims through § 1983 because of its comprehensive remedial scheme.